8 Va. Admin. Code § 20-770-120

Current through Register Vol. 41, No. 6, November 4, 2024

Section 8VAC20-770-120 - Describing the waiver evaluation criteria

A. The superintendent may delegate all aspects of processing and evaluating waiver requests, provided that responsibility for making the final decision may not be delegated below the level of a division director.

B. The final decision is based on the following:

1. The content of the waiver application package;

2. The nature of the conviction or convictions and relevance to decision criteria; and

3. The extent and pattern of criminal history or child abuse and neglect, including the person's age when the act occurred and how long ago the act occurred.

C. The applicant may be required to provide additional information that is reasonable and necessary to evaluate the application.

D. The superintendent may interview the applicant or other persons sufficient to verify and evaluate the information in the application package.

E. The superintendent may grant a waiver if the superintendent determines that:

1. The person is now of good moral character and reputation; and

2. The waiver would not adversely affect the safety and well-being of children in the person's care.

F. The superintendent will consider a waiver application abandoned, and close the file, when:

1. More than 60 days have passed since the superintendent advised the requester and the sponsoring agency that the waiver application was incomplete, or since the superintendent requested additional information that was reasonably necessary to evaluate the application; and

2. The superintendent informs the requester by certified mail that the waiver application would be considered abandoned unless the requester provides the requested information within 15 days.

G. Waiver decisions are not appealable.

8 Va. Admin. Code § 20-770-120

Derived from Virginia Register Volume 37, Issue 24, eff. 7/1/2021.

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.